PRALOY GOSWAMI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) All the petitions being W.P.(C) No.166 of 2018, W.P.(C) No.167 of 2018, W.P.(C) No.168 of 2018, W.P.(C) No.169 of 2018, W.P.(C) No.170 of 2018, W.P.(C) No.171 of 2018, W.P.(C) No.172 of 2018, W.P.(C) No.173 of 2018, W.P.(C) No.174 of 2018, W.P.(C) No.175 of 2018 and W.P.(C) No. 221 of 2018 are consolidated for disposal by a common judgment inasmuch as all the petitioners seek benefit under the memorandum No.F.10(2)-FIN(G)/2008(part) dated 21.1.2009 for regularization from the contingent or casual employment as all of them have 10(ten) completed 10(ten) years of service. The petitioners have asserted their initial date of engagement as shown in the table below:

(2.) As all the writ petitioners who were either engaged before 31.03.2003 or after 31.03.2013 have completed the 10 (ten) years of service as the full time casual worker under the respondents and such statement in respect of completion of 10(ten) years has not been contested. Moreover, those facts are borne in the departmental records. The fact of completion of ten years of service as the contingent/casual workers (full time) has not been challenged by the respondents. The petitioners have uniformly urged this court to apply the memorandum dated 21.01.2009 which has laid, inter alia, as under:

(3.) In terms of the said memorandum dated 21.1.2009 the particulars of the petitioners were collected. By the memorandum dated 21.1.2009, the Departmental Heads were directed to send the proposals to the Finance Department for ex- post-facto concurrence for creation of posts for regularization in terms of the conditions as laid down in the said memorandum dated 21.01.2009.